Okla. Stat. tit. 85, Rule 14
Commencement of Temporary Compensation and Medical Treatment
Effective Jan 30, 2006Adopted by order of the Supreme Court, 1997 OK 130 , eff. November 1, 1997; Amended by order of the Supreme Court, 2000 OK 13 , eff. April 15, 2000; Amended by order of the Supreme Court, 2001 OK 46, eff. July 1, 2001; Amended by order of the Supreme Court, 2006 OK 6, eff. January 30, 2006 (superseded document available).
- A. Upon the receipt of notice that an employee has been injured, the employer has an obligation under the Workers' Compensation Act to provide that employee with reasonable and necessary medical treatment, and to commence temporary compensation in the event that the employee is disabled and unable to return to work for more than three (3) calendar days. It is not necessary for there to be any order of this Court directing the employer to provide these benefits. After notice of an injury, an insured employer may, at its own option, commence payment of temporary total disability to the claimant, for a period not to exceed four (4) weeks and may seek reimbursement as set forth in 85 O.S., Section 24.3. Advance payments of temporary total disability benefits made under 85 O.S., Section 24.3 or voluntary provision of medical treatment shall not constitute admission by the employer or the insurer as to liability, compensation rate or any other material fact.
- B. Once a Form 3 or 3B has been filed, temporary compensation shall be provided to the employee as specified in 85 O.S., Section 24.2, unless the employer has timely denied the claim by filing a Form 10 which specifically notes the denial of the employee's claim for temporary compensation. A Form 9 may be filed by the employee not less than ten (10) days after the employee has filed a Form 3 or Form 3B.
- C. Disputes involving multiple insurers or multiple employers regarding liability for temporary disability benefits and/or immediate medical care and the continuing health care expenses of an employee shall be set for prehearing conference before the assigned judge. The judge may direct one carrier or employer to pay for such temporary disability benefits and/or medical care, subject to reimbursement as provided in 85 O.S., Section 203.
Adopted by order of the Supreme Court,